Tuesday, April 8, 2008

California DUI attorneys note ignition interlock proposed in California DUI cases

California DUI attorneys note ignition interlock proposed in California DUI cases

AMENDED IN SENATE MARCH 24, 2008
SENATE BILL No. 1190
Introduced by Senator Oropeza
February 12, 2008
An act to amend Section 23575 of the Vehicle Code, relating to
vehicles.
legislative counsel’s digest
SB 1190, as amended, Oropeza. Certified ignition interlock devices.
(1) Existing law authorizes a court to require that a person who is
convicted of a first offense violation of one of 2 specified driving while
under the influence offenses install a certified ignition interlock device
on any vehicle that the person owns or operates and prohibits that person
from operating a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device. Existing law also requires
that the court give heightened consideration to applying this sanction
to a first offense violator with a 0.20% or more, by weight, of alcohol
in his or her blood at arrest, or with 2 or more prior moving traffic
violations, or to persons who refused the chemical tests at arrest.
This bill would lower this percentage to 0.16% 0.15% or more, by
weight, of alcohol in a person’s blood at the time of his or her arrest.
By changing the definition of a crime, this bill would impose a
state-mandated local program.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1. Section 23575 of the Vehicle Code is amended
to read:
23575. (a) (1) In addition to any other provisions of law, the
court may require that a person convicted of a first offense violation
of Section 23152 or 23153 install a certified ignition interlock
device on any vehicle that the person owns or operates and prohibit
that person from operating a motor vehicle unless that vehicle is
equipped with a functioning, certified ignition interlock device.
The court shall give heightened consideration to applying this
sanction to a first offense violator with 0.16 0.15 percent or more,
by weight, of alcohol in his or her blood at arrest, or with two or
more prior moving traffic violations, or to persons who refused
the chemical tests at arrest. If the court orders the ignition interlock
device restriction, the term shall be determined by the court for a
period not to exceed three years from the date of conviction. The
court shall notify the Department of Motor Vehicles, as specified
in subdivision (a) of Section 1803, of the terms of the restrictions
in accordance with subdivision (a) of Section 1804. The
Department of Motor Vehicles shall place the restriction in the
person’s records in the Department of Motor Vehicles.
(2) The court shall require a person convicted of a violation of
Section 14601.2 to install an ignition interlock device on any
vehicle that the person owns or operates and prohibit the person
from operating a motor vehicle unless the vehicle is equipped with
a functioning, certified ignition interlock device. The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction. The court shall
notify the Department of Motor Vehicles, as specified in
subdivision (a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804. The Department
of Motor Vehicles shall place the restriction in the person’s records
in the Department of Motor Vehicles.
(b) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under
Section 1803 or 1816, the requirement and term for the use of a
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SB 1190 — 2 —
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certified ignition interlock device. The records of the department
shall reflect mandatory use of the device for the term ordered by
the court.
(c) The court shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver’s license.
(d) A person whose driving privilege is restricted by the court
pursuant to this section shall arrange for each vehicle with an
ignition interlock device to be serviced by the installer at least
once every 60 days in order for the installer to recalibrate and
monitor the operation of the device. The installer shall notify the
court if the device is removed or indicates that the person has
attempted to remove, bypass, or tamper with the device, or if the
person fails three or more times to comply with a requirement for
the maintenance or calibration of the ignition interlock device.
There is no obligation for the installer to notify the court if the
person has complied with all of the requirements of this article.
(e) The court shall monitor the installation and maintenance of
a an ignition interlock device restriction ordered pursuant to
subdivision (a) or (l). If a person fails to comply with the court
order, the court shall give notice of the fact to the department
pursuant to Section 40509.1.
(f) (1) Pursuant to Section 13352, if a person is convicted of a
violation of Section 23152 or 23153, and the offense occurred
within 10 years of one or more separate violations of Section 23152
or 23153 that resulted in a conviction, the person may apply to the
Department of Motor Vehicles for a restricted driver’s license
pursuant to Section 13352 that prohibits the person from operating
a motor vehicle unless that vehicle is equipped with a functioning
ignition interlock device, certified pursuant to Section 13386. The
restriction shall remain in effect for at least the remaining period
of the original suspension or revocation and until all reinstatement
requirements in Section 13352 are met.
(2) Pursuant to subdivision (g), the Department of Motor
Vehicles shall immediately terminate the restriction issued pursuant
to Section 13352 and shall immediately suspend or revoke the
privilege to operate a motor vehicle of a person who attempts to
remove, bypass, or tamper with the device, who has the device
removed prior to the termination date of the restriction, or who
fails three or more times to comply with any requirement for the
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maintenance or calibration of the ignition interlock device ordered
pursuant to Section 13352. The privilege shall remain suspended
or revoked for the remaining period of the originating suspension
or revocation and until all reinstatement requirements in Section
13352 are met.
(g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 shall
arrange for each vehicle with an ignition interlock device to be
serviced by the installer at least once every 60 days in order for
the installer to recalibrate the device and monitor the operation of
the device. The installer shall notify the Department of Motor
Vehicles if the device is removed or indicates that the person has
attempted to remove, bypass, or tamper with the device, or if the
person fails three or more times to comply with any requirement
for the maintenance or calibration of the ignition interlock device.
There is no obligation on the part of the installer to notify the
department or the court if the person has complied with all of the
requirements of this section.
(h) Nothing in this section permits a person to drive without a
valid driver’s license.
(i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat
offenders informing them that after a specified period of suspension
or revocation has been completed, the person may either install an
ignition interlock device on any vehicle that the person owns or
operates or remain with a suspended or revoked driver’s license.
(j) Pursuant to this section, an out-of-state resident who
otherwise would qualify for an ignition interlock device restricted
license in California shall be prohibited from operating a motor
vehicle in California unless that vehicle is equipped with a
functioning ignition interlock device. An ignition interlock device
is not required to be installed on any vehicle owned by the
defendant that is not driven in California.
(k) If a person has a medical problem that does not permit the
person to breathe with sufficient strength to activate the device,
then that person shall only have the suspension option.
(l) This section does not restrict a court from requiring
installation of an ignition interlock device and prohibiting operation
of a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device for a person to
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SB 1190 — 4 —
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whom subdivision (a) or (b) does not apply. The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction. The court shall
notify the Department of Motor Vehicles, as specified in
subdivision (a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804. The Department
of Motor Vehicles shall place the restriction in the person’s records
in the Department of Motor Vehicles.
(m) For the purposes of this section, “vehicle” does not include
a motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. Any person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.
(n) For the purposes of this section, “owned” means solely
owned or owned in conjunction with another person or legal entity.
For purposes of this section, “operates” includes operating a vehicle
that is not owned by the person subject to this section.
(o) For the purposes of this section, “bypass” includes, but is
not limited to, either of the following:
(1) A combination of failing or not taking the ignition interlock
device rolling retest three consecutive times.
(2) An incidence of failing or not taking the ignition interlock
device rolling retest, when not followed by an incidence of passing
the ignition interlock rolling retest prior to turning off the vehicle’s
engine.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.
O
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